Opinion
Opinion By: Gregory D. Stumbo,Attorney General;Michelle D. Harrison,Assistant Attorney General
Open Records Decision
At issue in this appeal is whether CASA of Madison County, Inc. violated the Kentucky Open Records Act in failing to respond upon receipt of the request submitted by Joe Gambino for specified information and records. More specifically, the question presented is whether CASA (Court Appointed Special Advocates) is a "public agency" for purposes of the Open Records Act. Upon receiving notification of Mr. Gambino's appeal from this office, Cynthia Grimes, Executive Director, responded on behalf of CASA, advising "that neither I nor anyone representing CASA of Madison County, Inc." has denied Mr. Gambino's request. Attached to Ms. Grimes' response is a copy of 05-ORD-004, in which this office determined that CASA of Bracken, Fleming and Mason Counties, Inc. is not a public agency within the meaning of KRS 61.870(1).
Because the instant appeal presents no reason to depart from this governing precedent, the same outcome necessarily follows; a copy of 05-ORD-004 is attached hereto and incorporated by reference. Although Mr. Gambino would otherwise be entitled to access the records per KRS 61.878(3), assuming that same do not relate to ongoing criminal or administrative investigations by the agency, CASA is not statutorily obligated to honor his request as the Open Records Act applies only to public agencies.
A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.
Joe Gambino1045 Brandy Lane # 1Richmond, KY 40475
Cynthia GrimesExecutive Director/Records CustodianCASA of Madison County, Inc.1219-B Lexington RoadRichmond, KY 40475
Cherie MutersbaughCASA of Madison County, Inc.1219-B Lexington RoadRichmond, KY 40475